Terms and privacy

Effective date: September 10, 2023

Batieu Platform Regulations

The present Regulations define the general terms and conditions for the provision of electronic services by the Administrator, including the service consisting in making computer software available to Users in the SaaS model and the method of using the platform operated by the Administrator via the website available at https://batieu.com.

These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services (Journal of Laws 2020.344, as amended).

1. Definitions

The terms used in the Regulations shall mean:

1. Order – an announcement about the search for a specialist to perform a service posted by the Organization.
2. Purchase Order – a declaration of will of the Organization equal to the submission of an offer to purchase the service by the Platform.
3. Valuation - an offer for the performance of the service submitted by the Organization.
4. User - a natural person who is 18 years of age and has full legal capacity, running or not conducting business activity, a legal person and an organizational unit without legal personality conducting business activity, who may acquire rights and incur obligations on their own.
5. Services - services provided electronically by the Administrator to the User and the Organization, enabling them to remotely use IT mechanisms that allow them to browse, display, share, receive, store and send data stored on servers.
6. Agreement - an agreement for the provision of electronic services allowing the User to set up and use an Account on the Platform's website.
7. Registration - the procedure of setting up an individual, virtual account by providing the User with his unique Login and password, and also by completing the registration form with the data indicated therein.
8. Regulations - the present Regulations, specifying the detailed rules and manner of using the Platform, the rules and conditions for the provision of electronic services and the service consisting in making computer software available to Users in the SaaS model.
9. Organization Profile - a set of information about the Organization provided by the User who creates the Organization Profile, displayed in the form of a separate subpage and presented to other Users and Organizations.
10. Platform - website available at https://batieu.com.
11. Organization - a natural person running a business activity, legal persons and organizational units without legal personality conducting business activity, authorized to access the Organization Profile and/or User Account (if the Account was created by a natural person on behalf of the Organization).
12. Software - a computer program within the meaning of the Act of 4 February 1994 on copyright and related rights, used for the exchange of information between entrepreneurs, made available by the Service Provider as part of the service provided on the basis of these Regulations; the software is made available to Users in the SaaS model (Software as a Service).
13. Login – a unique email address for each User, provided during Registration, and used each time to log in to the Platform.
14. Contract - an agreement concluded between Organizations via the Platform.
15. Account - an individual set of data, resources and rights related to a given User, including information about their activity in the Platform, including information provided by the User.
16. Working days - days of the week from Monday to Friday, excluding public holidays.
17. Administrator– CePixel Sp. z o.o. with share capital of PLN 80 000.00 (in words: eighty thousands zlotys), with its registered office in Rzeszów, registered in the District Court in Rzeszów, XII Commercial Division of the National Court Register under the number KRS 0000427180, NIP (VAT) number 5170359760.

2. Provision of Services

1. The service agreement with the terms set out in these Regulations is concluded upon registration by the User the Organization.
2. The Administrator provides services to the User and the Organization by electronic means
3. The Agreement for keeping an Account in the Platform is concluded for an indefinite period.
4. Registration is free of charge. Only if the User/Organization wishes to use additional functionalities in the Software, the related services will be charged according to the tariffs available on the website https://batieu.com in the Packages and Payments tab. The fee is charged in the amount specified in the price list valid – on the date of conclusion of the Agreement and on the date of extension of the Agreement, respectively. Failure to pay these fees will result in the exclusion of the paid services of the Organization/User and the deletion of data covered by the paid service
5. Upon payment of the fee referred to in para. 4, the Organization/User will obtain access to specific functionalities. The payment of the fee is equal approval of the Regulations.
6. The Organization/User has the option to pay the fee using a debit card only. The Organization/User is obliged to provide the Administrator with details of at least one debit card, which can be changed each time afterwards. The Organization/User undertakes to obtain the consent of the payment card holder to link it with the Organization Profile.
7. The agreement for the use of paid functionalities is automatically extended until resignation. The Organization/User, unless they resign from the package prior to the clearing date, authorizes the Administrator to charge the package for the following billing period using the payment method of their choice.
8. The Administrator may request additional documents from the User and provide additional information in order to verify their identity or the right to represent a given entity, including the Organization.
9. The Administrator undertakes to provide the Services with due diligence, on the terms and conditions set out in the Regulations.

3. Technical requirements

1. To use the Platform, it is necessary to use an end device with access to the Internet and a web browser such as Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in the current version.
2. An active email account is also required for Registration on the Platform.

4. General rules for using the Platform

1. Using the Platform is equal to accepting the terms of these Regulations by the User/Organization and a commitment to respect applicable law.
2. The User/Organization declares that they will not provide access to their Account to third parties, including - they will not share their passwords with them.
3. The User/Organization undertakes to observe good practices when using the Platform, in particular not to post content commonly considered vulgar, offensive, contrary to applicable law or violating third party rights.
4. The precondition to start using the Platform is registration as part of the website available at the website https://batieu.com.
5. Registration allows the User to enter, edit or delete data, including setting up an Organization Profile and publishing realizations and orders as well as creating valuations and projects thereon.
6. Using the Platform means any activity of the User tallowing them to read the content contained on the Platform.
7. To register (setting up a User account), it is required to fill in the registration form, providing Login and password, and read the provisions of these Regulations.
8. Upon filling in and sending the registration form by the User, an email will be sent to the email address provided by the User, containing a verification link to activate the Account. Registration is complete after clicking on the link.
9. The User can create an Organization Profile by filling in and approving the appropriate forms. The User is obliged to obtain the consent of the persons authorized to represent the Organization to set up the Organization Profile.
10. It is impossible to create an Organization Profile without the prior registration of a User Account linked to this Organization Profile.
11. Organizations may invite Users to register by sending them an email containing an appropriate link.
12. Upon registration, each login is made using the data provided in the Registration form. If the user forgets the password, it is possible to recover it using the password recovery procedure, on the form intended for this purpose. The User will receive a newly generated password by email to the address indicated and verified during Registration on the Website.
13. By registering on the Website, the User is obliged to provide the actual and correct data. Providing untrue information may result in blocking or deleting the Account.
14. The account created upon Registration is kept for the User for an indefinite period. The user may resign from keeping the account and request the removal thereof at any time, without any additional costs, by sending a request to delete the account to the Administrator's email address. removeme[-@-]batieu.com .
15. The Organization's profile is kept for an indefinite period of time. The user may resign from keeping the Account and request the removal thereof at any time, without any additional costs, by sending a request to delete the account to the Administrator's email address: removemyorganization[-@-]batieu.com .
16. The Administrator does not guarantee continuous and uninterrupted availability of the Website or any individual parts thereof to all Users/Organizations.
17. The Administrator reserves the possibility of interruptions in the access to the Platform as part of the service provision for the purpose of repairing, extending, modifying, updating or maintaining the hardware or the Software. Users are informed in advance about the dates of interruptions by email.
18. By accepting these Regulations, the User agrees to the Administrator to supervise and use the information posted.
19. By accepting these Regulations, the User agrees to the Administrator to collect and share statistics of their presence and activity. The data is collected automatically and can be used to analyze the User's activity.

5. Rules for publishing content on the Platform

1. The Administrator authorizes the Organization to publish content related to the Organization and its completed projects, orders and valuations in the Website. Publication of content on the Website by the Organization is done upon filling in the appropriate form.
2. The content published by the Organization on the Website may be available to all users of the Website. Depending on the choice of the Organization, the Published content may contain a different scope of information.
3. The organization declares that it owns the copyrights to the materials posted. Upon publication of the content, the Organization grants the Administrator a non-exclusive, territorially unlimited and free license to display and perform administrative work on the Platform, in the following fields of use:
   • recording,
   • reproduction,
   • dissemination
     Granting a license is necessary to use the Platform.
4. The published content should be truthful, unambiguous, and understandable, and should meet the technical requirements specified by the Administrator. The Organization is free to define the content.
5. An Organization, in response to an Order from another Organization, may publish a Quote, which will be sent to the Organization who published the Order. Publication of the Quote on the Website by the Organization is done upon filling in the appropriate form.
6. In response to the received Quote, the Organization may accept, reject it or submit an own offer using the appropriate form.
7. It is forbidden to send or publish illegal content using the Website's functionality, including:
   • content infringing the intellectual property rights of third parties,
   • violating the personal rights of the Administrator or third parties,
   • inconsistent with good practices,
   • other violations of the law in force in the territory of the Republic of Poland.
8. Violation of the above prohibition may result in legal liability of the Organization or the Organization's clients. The Administrator waives responsibility for placing prohibited content on the Website, subject to Art. 14 of the Act on the provision of electronic services.
9. In the event of receiving an official notification or reliable information about the illegal nature of the content posted on the Website using the Software, the Administrator has the right to prevent access to this content or to delete it.
10. In places marked with the icon, it is forbidden to place data and information containing personal data, company name, telephone number, links, addresses and other data by which a given entity can be identified.

6. Using the Platform

1. Organization Profile is linked to User Accounts. The number of available Accounts depends on the type of package selected by the Organization. The connected Accounts can be viewed via the Company Settings > Users and Roles tab.
2. The Project tab is used to manage and coordinate construction works carried out by the Organization.
3. As part of the projects implemented by the Organization, it is possible to publish and share files (e.g. photos and documents) and exchange comments within the created group of Users.
4. In the Valuation tab, the Organization has access to all Valuations created, received, sent and shared.
5. Using the Orders tab, an Organization can search for an Order of their interest, added by it or other Organizations.
6. The Discover tab is used to search for Organizations specializing in the selected industry.
7. A User may consent to the Administrator sending notifications and messages in the Account Settings tab:
   • in the application (required)
     and
   • to the email address provided by the User (optional).
8. The user undertakes to update their contact information on an ongoing basis. The user should review their settings to control and limit the types of messages received from the Administrator.

7. Illegal or unlawful actions of the Users and the Administrator's responsibilities

1. The Organization and the User are entitled to use the Platform in accordance with its intended purpose, within the limits of law and decency, with respect for the rights and goods of others.
2. Organization and the User undertake to:
   • refrain from actions that could disrupt the proper functioning of the Software, including unauthorized interference with the content of the Website, Organization Profile, Account or Accounts of other Users, or with the IT components of the Website;
   • refrain from any unlawful activities, including uploading or publishing content that violates the law or personal rights using the functionality of the Software;
   • refrain from acting in bad faith, abusing the functionality of the Software, using the Website contrary to its purpose and contrary to the Regulations.
3. The Administrator is not responsible for the actions of the Organization on the Website or for improper performance or non-performance of Contracts by them, as well as for the consequences of actions taken by Users and Organizations and third parties, and constituting a breach of the provisions of the Regulations.
4. In particular, the Administrator is not responsible for the quality or legality of the services provided by the Organizations under the Contract, the Organization's ability to conclude contracts, the solvency of the Organization and the truthfulness and reliability of the information provided by Users and Organizations.
5. The Administrator shall not be liable for damages resulting from the User's disclosure to third parties of their password and login used to register and log in to the Website.

8. Platform testers

1. The administrator allows the establishment of the so-called test group. The twelve-month period may be extended depending on the level of development of the Platform.
2. The tester’s group will consist of a maximum of one hundred Platform testers.
3. The Platform testers will be selected by the Administrator from selected Users / Organizations who wish to participate in the testing group.
4. Detailed rules for selecting the Platform testers, the related rights and obligations, are available via email address: tester[-@-]batieu.com .
5. The Administrator reserves the right to reject applications for the Platform tester status without giving reason. The Administrator's decision cannot be appealed against.

9. Personal data protection

1. The Administrator respects the Users' rights to privacy. The principles of the Privacy Policy indicate what information enabling personal identification the Administrator may collect and how to use such information
2. The administrator of the User's personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) is CePixel.
3. The administrator operates in accordance with the law, in particular in accordance with the Act of May 10, 2018 on the protection of personal data (i.e. Journal of Laws of 2019, item 1781), the Act of 16 July 2004 Telecommunications Law (i.e. Journal of Laws of 2019, item 2460, as amended), of the Regulation of the European Parliament of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (general regulation on data protection) and the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2020, item 344, as amended).
4. Providing data is voluntary, but necessary for the use of the Software. Failure to provide data will prevent the performance of this Agreement.
5. The administrator, prior to the processing of personal data, taking into account the state of technical knowledge, the cost of implementation and the nature, scope, context and purposes of processing as well as the risk of violating the rights or freedoms of the User with different probability and severity of the threat, will implement appropriate technical and organizational measures to ensure the security of data processing in accordance with Art. 32 of the GDPR.
6. The Administrator declares that contact with the Personal Data Inspector is possible at gdpr[-@-]batieu.com.
7. As part of the service, the following personal data of the Organization are processed:
   • name and surname and/or registered name of the Organization,
   • tax identification number (NIP) or another registration number of the Organization
   • place of permanent residence or registered office of the Organization,
   • email address,
   • telephone number,
   • date of birth,
   • name and surname of the debit card holder.
8. As part of the service, the following personal data of the User are processed:
   • User's name and surname:
   • User’s address of permanent residence,
   • email address,
   • telephone number,
   • date of birth,
9. The administrator informs that they will process, in accordance with the law, also data regarding the number (including IP) and type of end device, as well as the connection time of the User using the Website. The data is processed in particular for technical purposes and to collect general statistical information.
10. The administrator will process the personal data of the User/Organization for the following purposes:
    • to allow the use of the Software (pursuant to Article 6 (1) (b) of the GDPR);
    • to consider and process submitted complaints regarding the Software (pursuant to Article 6 (1) (c) of the GDPR);
    • to pursue claims in connection with the performance of the Agreement (pursuant to Article 6 (1) (f) of the GDPR);
    • to prepare and answer a voluntarily sent inquiry (pursuant to Article 6 (1) (a) of the GDPR);
    • to fulfill obligations resulting from legal provisions, in particular tax and accounting (pursuant to Article 6 (1) (c) of the GDPR);
    • for statistical and archiving purposes (pursuant to Article 6 (1) (f) of the GDPR);
    • to conduct court, arbitration and mediation proceedings (pursuant to Article 6 (1) (f) of the GDPR).
11. The personal data of the User/Organization may be made available to entities cooperating with the Administrator, to which the Administrator entrusted personal data for processing on the basis of contracts for entrusting the processing of personal data (so-called processors) for the purpose of providing services.
12. The Administrator reserves the right to disclose selected information about the User/Organization to the competent authorities or third parties who submit a request for such information, based on an appropriate legal basis, in accordance with applicable law.
13. It is not expected to transfer data to countries outside the European Economic Area or international institutions, or to process personal data for a purpose other than the purpose for which the personal data was collected.
14. The User/Organization may request the Administrator to access data relating to them, to rectify , delete or limit the processing thereof. The User/Organization also has the right to object to the processing and the right to transfer data, and has the right to withdraw consent at any time, provided that the withdrawal of consent would not affect compliance with the law processing based on consent prior to withdrawal. For this purpose, please send an email at gdpr[-@-]batieu.com .
15. The data processed in connection with the use of the Software is stored until any claims are time-barred, as well as for the period necessary to fulfill archival and tax obligations, and in the case of personal data processed on the basis of consent - until the consent is withdrawn or objection is raised.
16. In the event of any objections as to the correctness of the data processing by the Administrator, the User/Organization has the right to lodge a complaint with the supervisory body competent for his place of residence or the registered office of the Administrator.

10. Cookies policy

1. The website uses cookie technology, also referred to as "cookies". Cookies are IT data, in particular text files stored on the User's end device and are intended for the use of the Platform.
2. These files allow to recognize the device, the User and display a website tailored to their individual needs.
3. Cookies are used for the following purposes:
   • to enable using the Website
   • to maintain the User's session in order not to enter login details on each subpage of the Website,
   • to adapt the Website to the individual needs and preferences of customers,
   • to keep anonymous statistics on the use of the Website,
   • for marketing purposes,
4. The entity that places cookies on the end device is the Administrator.
5. The User's personal data is not stored or processed using cookies – cookies are not used to identify them.
6. The cookie mechanism is safe for the User's computers. In particular, it is not possible for viruses or other unwanted software or malware to enter the User's computers in this way.
7. Usually, the web browser automatically allows the storage of cookies, Users can change cookie settings in this regard, and to delete cookies. It is also possible to block cookies.
8. Restricting the use of cookies may affect some of the Website's functionalities.

11. Intellectual property

1. The Administrator declares that they are hold the necessary proprietary copyrights/licenses to use, distribute and share the Software and other works within the meaning of the Act on copyright and related rights publicly available on the Website, in particular the documentation of the Software, as well as marks and trademarks, in the scope of necessary to provide the Services.
2. Works (other than the Software), tags, and trademarks made available as part of and for the purpose of providing the Services are protected by law.
3. The User/Organization is entitled to use works (other than the Software) under the permitted private use provided for by law.
4. Any use beyond the permitted private use requires the prior consent of the authorized entity.
5. The Software is made available to the User/Organization on the Administrator's server (in online access mode) where the Software is installed, and the User/Organization is not entitled to download (permanently copy) the Software and install it on another server.
6. As part of the concluded Services Agreement, the Administrator, for the duration of the subscription purchased, grants the Organization a paid, non-exclusive and territorially unlimited license to use the Software, according to which the Organization and the Users indicated by it may use the Software in the following fields of use:
   • access to the software at a time and place of own choice (while meeting the conditions and requirements provided for in the Regulations),
   • duplicating the Software in the Administrator's IT system,
   • duplicating the temporary Software by displaying and using it.
7. The license referred to in paragraph 1. 6 is granted only for the purposes of conducting business activities by the Organization indicated by the User in the process of creating the Organization Profile.
8. The User/Organization, subject to point 5, shall not be entitled to make the Software available to third parties, either paid or free of charge.
9. The Organization may purchase a package providing access to the Software to the number of devices indicated therein.
10. The User/Organization is obliged to comply with the terms and conditions of using the Software specified in the Regulations, including the terms of the license to use the libraries contained in the Software. The User/Organization acknowledges that failure to comply with the aforementioned obligation may result in a breach of the exclusive proprietary copyrights to the Software and the User/Organization may be held legally liable in this regard.

12. Withdrawal from the Agreement

1. Pursuant to Art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2020.287, as amended) The User/Organizer who is a consumer and who has concluded a remote or off-premises contract has the right to withdraw from the contract within 14 days from the date of the service provision without giving any reason.
2. In the event of exercising the right referred to in sec. 1, the User/Organizer is obliged to inform the Administrator about this by submitting a declaration of withdrawal, which may be sent by post to the Administrator address or to the email agreement[-@-]batieu.com.
3. The above right of withdrawal, described in paragraph 1-2, also applies to a natural person concluding a contract directly related to their business activity, unless the contract is of a professional nature to this person.
4. The above right of withdrawal, described in paragraph 1-3, shall not apply in the following cases:
   • if the User/Organizer's gave consent to the provision of digital content that is not recorded on a tangible medium before the expiry of the withdrawal period provided for by them to withdraw from the contract,
   • after the Service Provider has fully performed the service, if the User/Organizer agrees to perform the service and loses the right to withdraw from the contract.

13. Complaints procedure

1. In the event of any irregularities regarding the operation of the Website and Software, the User/Organization should contact the Help Center using the contact form, providing the data necessary to identify the problem.
2. The administrator makes every effort to ensure that the services provided are of the highest quality. Notwithstanding the foregoing, the User/Organization retains the right to file a free complaint regarding non-performance or improper performance by the Administrator of the services provided under these Regulations.
3. Complaints can be submitted directly to the email address: complaint[-@-]batieu.com .
4. A complaint should contain at least: name and surname, email address of the User assigned to the Account, data identifying the Organization, circumstances justifying the complaint, as well as the User's/Organization's request related to the submitted complaint.
5. If the data or information provided in the complaint does not allow for the recognition of the complaint, the Administrator will ask the User/Organization to clarify any doubts or provide additional information, if it is necessary to investigate the complaint, indicating precisely such doubts or the required information.
6. The administrator recognizes the complaint within 14 days from the date of receipt of the complaint or receipt of supplementary information. The Administrator's response to the complaint is sent by email to the email address assigned to the User Account.

14. Final provisions

1. The Regulations apply from the date of publication on the Platform's website.
2. The content of these Regulations may be stored by printing, saving on a carrier, or downloading at any time from the Platform's website. It is also available on the above-mentioned website.
3. Regulations may be subject to a change. All Users/Organizations will be informed about the content of amendments to the Regulations in an email sent to the address indicated in the registration form, containing a list of amendments to the Regulations.
4. Notification of the amendment to the Regulations, in the manner specified above, will take place no later than 7 (seven) Working Days before the introduction of the amended Regulations. If the User/Organization rejects the new content of the Regulations, they are obliged to notify the Administrator thereof within 7 (seven) days from the date of notification of the amendment to the Regulations, by sending information to the address agreement[-@-]batieu.com. Lack of consent shall result in the termination of the Agreement. In the absence of information within the above period, the new Regulations shall apply to the User/Organization.
5. If any part of the Regulations proves to be invalid or ineffective in the light of applicable law, such part thereof should be interpreted in a way that is consistent with the applicable law and should reflect as closely as possible the intentions of the given provision. The remaining parts of the Regulations shall remain in force and fully effective.
6. In the event of a dispute arising in relation to the concluded Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to any disputes arising hereunder is Polish law, and the competent court is the court having jurisdiction under Polish law.
7. In matters not covered by these Regulations, the following provisions shall apply: the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2020.344, i.e. as amended), the Act of 30 April 2014 on consumer rights (Journal of Laws 2020.287, i.e. as amended), the Act of 23 April 1964 Civil Code (Journal of Laws 2020, 1740, i.e. as amended) and the Act of 4 February 1994 on copyright and related rights (Journal of Laws 2019.1231, i.e. as amended).